How do I complete the form I-360 for an Afghan SIV?

Summary

This guide provides information about the Form I-360 for:

• Iraqi and Afghan Special Immigrant Visa (SIV) applicants
• Who are applying for the SIV programs which require a Chief of Mission (COM) application. These are the Sections 1244 and 602(b) programs. 

This guide does not provide information for:

Iraqi and Afghan applicants who are applying to the smaller SIV program that requires a letter from a U.S. General or Flag Officer. This is the Section 1059 program. 

IMPORTANT: As of July 20, 2022, the U.S. government changed the SIV process. Before July 2022, all SIV applicants had to file I-360 petitions with the United States Citizenship and Immigration Services (USCIS). 

If you are filing a new SIV application after July 20, 2022, then you do not need to submit an I-360 petition. 

If you filed your SIV application before July 20, 2022, then read IRAP’s guide on the removal of the I-360 petition requirement to see if you need to file an I-360 petition.

This guide provides information on how to fill out the I-360 form.

Important things to know about the I-360 petition with USCIS

• Before filling out the I-360 petition, you must already have received approval from the Chief of Mission (also called COM).
• There is no filing fee for submitting the I-360.
• The form may be submitted via email or mail.
• You can find the Form I-360 form on USCIS’ website.
• You must submit all of these documents in a single package or email to the USCIS:
• A completed Form I-360.
• A copy of your passport or national identification document along with a certified English translation if the document is not in English. This is the tazkera if you are Afghan or jensiya if you are Iraqi.
• A copy of the recommendation from your supervisor that you submitted with your COM approval.
• A copy of your COM approval letter.

Submitting the I-360

• The I-360 package can be submitted to USCIS:
  Via email (as a PDF) to: NSCI360SIVAPP@uscis.dhs.gov and sivtranslator.nsc@dhs.gov. 
• Regular Mail:                                                      

USCIS/ Nebraska Service Center (NSC)        

P.O. Box 87485                                              

Lincoln, NE 68501-7485                                

• Overnight Deliveries:

USCIS/ Nebraska Service Center (NSC)        

P.O. Box 87485                                              

Lincoln, NE 68501-7485 

How to complete the Form I-360:

Part 1

• Fill out the form by entering your details.
• If a question in a part of the form that you must complete does not apply to you, type or print “N/A.” 
• “N/A” stands for “not applicable.” This means that this question does not apply to you.
• For example, if you have never been married and the question asks “Provide the name of your current spouse,” type or print “N/A.” 
• If your answer to a question about a number is zero or none, type or print “None.” 
• For example, if the form asks, “How many children do you have?” If you do not have children, type or print “None.”
• You do not need to answer these questions if you do not have this kind of account number:
• USCIS Online Account Number.
• U.S. Social Security Number.
• Alien Registration Number.
• Individual IRS Tax Number.
• For the mailing address:
• USCIS cannot send mail outside the United States except to a U.S. Military (APO) mailing address.
• If you have family or friends in the United States, you may enter their mailing address instead of your address. Make sure you have their permission before you do this. You should list their name on the “In Care of Name” (care of) line.
• If you do not have a U.S. mailing address you can use but you have access to an APO address where you are living, you can also enter that as your mailing address.
• If you do not have an address in the United States or an APO address you can use, please enter your email address.
• Note that you will have to enter the same details in Part 3.

Part 2

• Select box M. if you are an Iraqi national and you were employed by or on behalf of the U.S. government.
• Select box N. if you are an Afghan and you were employed by or on behalf of the U.S. government or the International Security Assistance Force (ISAF) in Afghanistan.

Part 3

• Similar to Part 1. Part 3 MUST also be filled out.
• If your actual date of birth is different from the one listed in your passport, then enter your actual date of birth. Explain this discrepancy. You can do so in Part 15. Additional Information.
• Item 8: Enter the date that your passport or travel document was stamped upon your most recent entry into the United States.
• Item 9: You may look up your Form I-94 number at https://i94.cbp.dhs.gov/I94/#/recent-search. 
• Item 14: If you entered the United States on parole through Operation Allies Welcome or Operation Allies Refuge, enter “OAW parolee” or “OAR parolee,” as applicable. The category will be listed on the stamp on your passport or travel document and on your I-94 under “Class of Admission.”

Part 4

• Item 1: If you are outside the U.S., choose the U.S. Embassy or Consulate in the country where you live. If you currently live in Afghanistan, then enter the U.S. Embassy or Consulate in the country where you intend to travel to for your visa interview, if known. If unknown, you may enter “Kabul, Afghanistan” and when you have determined where you wish to transfer your case you may notify NVC at a later date. If you are inside the U.S., leave this item blank.
• Item 2: Fill out the information required. If you do not have an exact street address, then describe a general area of the city.
• Item 5: Answer “No” unless you are currently in the United States and in ongoing removal proceedings.
• Item 6: Answer “No” unless you have lived in the United States and worked without permission.
• If you answered “Yes” to Item 5 or 6, then explain in Part 15. Additional Information.

Part 5

• List information about your spouse and children EVEN if they do not want to apply for visas at the same time as you.
• It is VERY IMPORTANT that you be HONEST and ACCURATE about whether you are married, have children, and what their dates of birth are.
• If your family’s actual dates of birth are different than the ones listed in their passport, then enter their actual dates of birth. Explain this discrepancy. You can do so in Part 15. Additional Information.

Parts 6 to 10

These parts DO NOT apply to you. Leave them BLANK.

Part 11

• Item 1: Check Box A if you filled this form out on your own or Box B if someone helped you by translating the form.
• Do not fill out Item 2 unless someone helped you fill out the form.
• Fill out the information for items 3 to 5.
• Item 6: Sign and enter the date of signature.

Part 12

This part DOES NOT apply to you, UNLESS someone else is filing the form for you.

 

Part 13

If someone helped you by translating the form (if you checked Box B in Part 11 Item 1), then that person must fill out this part.

Part 14

If someone helped you to fill out the form, then that person must fill out this part.

If you submit the I-360 by email, keep the original signed copy. You must bring it to your visa interview in the future.

Next Steps:

You should receive a receipt notice from USCIS within a few weeks after submitting your I-360 petition. You will receive it by email. If you filed by mail or listed a U.S. mailing address, you will also receive it by mail.  

The receipt notice means that USCIS has received your petition. USCIS has not approved it yet. Some time later, you will receive a notice that your petition has been conditionally approved, denied, or if USCIS needs more evidence. 

You will receive the final decision by email. If you filed by mail or listed a U.S. mailing address, you will also receive it by mail. If your petition is conditionally approved, you will get instructions a few weeks later about the next step of the SIV process.

If your petition is denied or USCIS request new evidence, follow the instructions for how to appeal or submit more evidence. If your petition is revoked because your COM approval was revoked and denied then you will need to appeal your COM denial. IRAP’s guide on appealing a COM denial is here.

Asking for help

You or your relative may want to ask an immigration attorney for help with this process. Here are a few resources:

• Information about asking for help from IRAP is here.
• If you are in Jordan, you can ask for IRAP Jordan’s help using this form. If the form is closed, you can check back at a later date.
• A list of free immigration legal service providers in the United States is available here. These attorneys are not affiliated with IRAP.
• A list of private immigration attorneys in the United States is available here. Please note that private immigration attorneys may charge a fee for their services. These attorneys are not affiliated with IRAP.